Tripura High Court
Sri Pritam Majumder vs The State Of Tripura on 3 October, 2023
Author: Arindam Lodh
Bench: Arindam Lodh
Page 1 of 2
HIGH COURT OF TRIPURA
AGARTALA
AB No.26 of 2023
Sri Pritam Majumder [[
....Applicant(s)
Versus
The State of Tripura [[
....Respondent(s)
For the Applicant(s) : Mr. S. Lodh, Advocate
For Respondent(s) : Mr. R. Datta, PP
HON'BLE MR. JUSTICE ARINDAM LODH
Order
03/10/2023
This is an application under Section 438 of the Code of Criminal Procedure, 1973 for granting pre-arrest bail of the accused person in connection with Manu Bazaar P.S. Case No. 2023MNB015, dated 12.06.2023 under Sections 409/420/421/468/471/120-B and 34 of Indian Penal Code, 1860.
Heard Mr. S. Lodh, learned counsel appearing for the applicant. Also heard Mr. R. Datta, learned P. P. appearing for the respondent-State.
On the basis of a complaint, it is alleged that a sum of Rs.69,00,000/- had been defalcated by one Sri Chiranjit Goswami in connivance with the present accused-applicant namely, Sri Pritam Majumder who was working as Assistant Manager of Tripura Gramin Bank, Manu Bazaar Branch.
Allegations are that 31 numbers of transactions were fake transactions to the fake loan account of various borrowers, one of which is the mother-in- law of Sri Chiranjit Goswami, the then Branch Manager of Tripura Gramin Bank, Manu Bazaar Branch.
From the case diary, it reveals that a total sum of Rs.2 crores 54 lakhs and odds have been defalcated by the accused-applicant along with Sri Chiranjit Goswami, the Branch Manager. The accused-applicant had approached the Addl. Sessions Court, Sabroom, South Tripura, for granting anticipatory bail to him which was rejected vide order dated 01.08.2023 having found that the allegations made against the accused-applicant had been prima facie established. Hence, this Anticipatory Bail application before this Court.
Page 2 of 2I have considered the submissions of the learned counsel appearing for the parties.
Mr. Lodh, learned counsel has submitted that the applicant was the whistleblower, which submission has been opposed by Mr. Datta, learned PP stating inter alia that after receipt of information from the higher authority, the present applicant had approached the alleged borrowers who denied the beneficiary of the amount which was allegedly transacted in their accounts. It transpires from the records that whenever the present accused-applicant was found to be absent from the bank and was on casual leave, the transactions were found to be done. The Branch Manager also given an undertaken that he was liable for all those transactions.
Considering these two factors, at this stage, I am inclined to release the applicant on anticipatory bail as an interim measure so that he, for the time being, be protected from being arrested. Accordingly, in the event of arrest, the applicant shall be enlarged on interim bail till 06.10.2023 on furnishing a bail bond of Rs.50,000/- with one surety of the like amount to the satisfaction of the Arresting Authority. Further, I direct the applicant namely Sri Pritam Majumder to appear before the Investigating Officer, Mr. Nirmal Chakma, Deputy Superintendent of Police, Crime Branch, Agartala, at 10:30 am tomorrow i.e. on 04.10.2023 positively. It is made clear that if the applicant does not appear before the Investigating Officer at 10:30 am then, this order would not avail to the accused-applicant. The Investigating Officer is given liberty to interrogate the applicant to any extent, whatever way he likes to unearth the truth keeping in mind that huge amount of money has been defalcated from the bank. The interrogation may continue till the next date at the discretion of the Investigating Officer. It is further made clear that this Court has not shown any leniency to the applicant and released him on interim bail only to give him an opportunity to prove his innocence. The Investigating Officer is requested to furnish appropriate report to the Court through learned PP within next date.
List the matter on 06.10.2023.
JUDGE Snigdha SANJAY Digitally signed by SANJAY GHOSH GHOSH 16:44:26 +05'30' Date: 2023.10.03